Congress created Article 6b in the National Defense Authorization Act for Fiscal Year 2014. My ongoing analysis of the military justice provisions in that legislation is available at this link.
Article 6b is a military version of the federal Crime Victims’ Rights Act (18 U.S.C. § 3771) (the CVRA), and many people (including myself) call it the Military Crime Victims’ Rights Act (the MCVRA) (I think the Joint Service Committee coined the term).
Article 6b(b) provides the following definition:
(b) Victim of an Offense Under This Chapter Defined- In this section, the term ‘victim of an offense under this chapter’ means a person who has suffered direct physical, emotional, or pecuniary harm as a result of the commission of an offense under this chapter (the Uniform Code of Military Justice).
The problem with the definition is that it doesn’t provide a clear point in time when the protections of Article 6b apply (i.e., at the time of commission of the alleged offense? At the time the report is made? Once a formal investigation begins? After charges are preferred? Etc., etc…).
The analogous CVRA may be a source of some guidance, except that it is also somewhat unclear. In this post at The Volokh Conspiracy, Paul Cassell discusses a paper he co-authored (available here) that argues that the CVRA applies before charges are filed, while the Justice Department took the position (in this memo) that the CVRA generally applies only after charges are filed.
Notably, the special victims counsel (SVC) component of the military’s legal assistance program (established in 10 U.S.C. § 1044e) states that SVC services (for sex-related offense victims) begins:
[U]pon report of an alleged sex-related offense or at the time the victim seeks assistance from a Sexual Assault Response Coordinator, a Sexual Assault Victim Advocate, a military criminal investigator, a victim/witness liaison, a trial counsel, a healthcare provider, or any other personnel designated by the Secretary concerned for purposes of this subsection.
10 U.S.C. § 1044e(f)(1).